Supreme Court Nomination and Judicial Philosophy

Robert Bork's Supreme Court nomination controversy

• His originalist views and past writings drew strong opposition.

• He was unanimously supported by the Senate.

• He advocated for a more liberal interpretation of the Constitution.

• He had no prior judicial experience.

Function of the U.S. Circuit Courts of Appeals:

• They review decisions from district courts for legal or procedural errors.

• They create new laws and regulations.

• They conduct trials for criminal cases.

• They oversee the election process in the United States.

Significance of Merrick Garland's 2016 Supreme Court nomination

• The Senate held extensive hearings to discuss his nomination.

• The Senate refused to hold hearings, citing proximity to the presidential election.

• Merrick Garland was confirmed unanimously by the Senate.

• The nomination was withdrawn by President Obama.

U.S. District Courts are:

• The appellate courts that review decisions made by lower courts.

• The trial-level federal courts where cases begin.

• The courts that handle only bankruptcy cases.

• The highest courts in the United States that interpret the Constitution.

A strict constructionist judge is most likely to:

• Follow the literal meaning of the Constitution’s text.

• Interpret the Constitution based on contemporary values.

• Consider the intent of the framers over the text itself.

• Apply international law to constitutional interpretation.

Requirement for Standing in Court

• A direct, personal stake in the outcome of the case.

• A general interest in the law.

• A financial investment in the court's decision.

• A recommendation from a legal expert.

Description of Judicial Activism

• Judicial rulings based solely on legal precedent.

• Judicial rulings suspected of being based on personal or political considerations.

• Judicial rulings that strictly adhere to the Constitution.

• Judicial rulings that promote social change through legislation.

Emphasis of Judicial Restraint

• Deference to the decisions made by the legislative and executive branches.

• Active intervention in legislative matters.

• Promotion of judicial activism over legislative authority.

• Strict interpretation of the Constitution without regard to legislative intent.

Nuclear Option in the U.S. Senate

• A change to Senate rules to allow a simple majority to end filibusters on nominations.

• A proposal to eliminate the Senate entirely.

• A method to increase the number of votes needed for a bill to pass.

• A strategy to delay voting on a bill indefinitely.

Precedent

• A legal decision that guides future similar cases.

• A type of legal document used in court.

• A law that is no longer in effect.

• A legal term for a witness statement.